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COMMISSION AGENDA January 25, 2000

Crab Bullett Brief summary of the Commission Actions from the February 1, 2000 Commission meeting

The Commission meeting that was canceled due to weather conditions has been rescheduled for
Tuesday, February 1, 2000 at 9:30 A.M.


January 25, 2000 (February 1, 2000)

1. MINUTES of previous meeting.


2. PERMITS (Projects over $50,000 with no objections and with staff recommendation for approval).

3. CONSENT ORDERS: (Commission approval of consent agreement).

4. EXECUTIVE SESSION (if necessary).

5. ESPEJO FAMILY LIMITED PARTNERSHIP, #98-0971, requests authorization to hydraulically dredge 11,155 cubic yards of subaqueous bottom, to construct 780 linear feet of timber replacement bulkhead, and to construct three (3) commercial piers creating 143 wetslips at their marina facility situated along Little Creek in Norfolk. The project is protested by area property owners.

6. BOB BRAGG, #99-0374, requests authorization to construct four (4) open-pile community piers with associated finger piers and mooring piles to create 24 wet slips to serve a planned residential development along Pitmans Cove near the Town of Kilmarnock in Lancaster County.

7. FRANCES HALEY, #99-0273, requests authorization to replace an existing wooden bulkhead with 144 feet of concrete bulkhead, including return walls, install two (2) 50-foot "T" wall concrete groins, three (3) 9-foot by 5.5-foot breakwater boxes under the channelward end of a proposed private pier adjacent to her property situated along the Potomac River in Westmoreland County.

8. IVY HOME ROAD GROUP, #99-1946, requests authorization to install two (2) 90-foot long by 26-foot wide stone breakwaters and place 1,200 cubic yards of beach nourishment adjacent to their property situated along Hampton Roads in the City of Hampton. Subaqueous and coastal primary sand dune permits are required.

JANUARY 25, 2000

9. LEE ANDERSON, #99-2156, requests authorization to install 106 linear feet of bulkhead at his property situated along the Chesapeake Bay in the City of Hampton. A coastal primary sand dune permit is required.

10. FISHERIES MANAGEMENT DIVISION, #99-1993, #99-1994, #99-1995. Conservation and Replenishment Department requests authorization to construct three (3) intertidal oyster shell reefs in the lower Rappahannock River upriver of the Norris Bridge on Public Ground #1 in Lancaster County and Public Ground #1 in Middlesex County. The reefs are opposed by the Rappahannock Preservation Society.

11. OYSTER GROUND APPLICATIONS: Three applications for oyster planting ground in the Pagan River and Cypress Creek, Isle of Wight County, have been submitted by members of the Davis family listed below. The applications are protested by Ronald Pack, President of Smithfield Station, The Isle of Wight Citizens Association and the Town of Smithfield.

Russell Patton Davis Application 99-043 125 Acres
Russell B. Davis Application 99-044 220 Acres
Eileen Boush Davis Application 99-045 220 Acres


13. PUBLIC HEARING: Consideration of amendments to Regulation 4 VAC 20-890-10 et. seq., "Pertaining to Channeled Whelk."

14. DISCUSSION: Request for public hearing to consider amendments to regulations pertaining to recreational summer flounder size, season, and possession limits, recreational eel possession limits, and commercial scup trip limits to comply with the interstate fishery management plans for these fisheries.

15. DISCUSSION: Request for public hearing to consider amendments to regulation 4 VAC 20-252-10 et. seq., "Pertaining to the taking of Striped Bass" to improve enforcement of the regulation.

16. RECOMMENDATIONS of the Recreational Fishing Advisory Board and Commercial Fishing Advisory Board.

17. DISCUSSION: Request for public hearing to consider amendments to Regulations 4 VAC 20-430-10 et. seq., "Pertaining to the Marking and Minimum Mesh Size of Gill Nets."

JANUARY 25, 2000

18. PUBLIC HEARING for Commission to consider opening the area known as the Deep Water Shoal Replenishment Seed area for the public to harvest oysters for the 1999-2000 Oyster Harvest Season. Amending Regulation 4 VAC 20-720-10 et. seq.," Pertaining to Restrictions on Oyster Harvest." And,

19. REQUESTING APPROVAL of procurement procedures for a program in February 2000 for the Oyster Heritage Program - cleaning various harvest areas in the Lower Rappahannock by utilizing dredgers.

20. VIRGINIA SEAFOOD COUNCIL: Request to introduce non-native oyster, triploid crassostrea, ariakensis, to several on bottom sites in Virginia waters.



JANUARY 25, 2000

2A. YORK COUNTY DEPARTMENT OF GENERAL SERVICES, #99-1897, requests authorization to install 640 linear feet of riprap, relocate two (2) stormwater outfall pipes, construct two (2) 115-foot long by 27-foot wide breakwaters, one (1) 180-foot long by 32-foot wide breakwater and a 100-foot long by 32-foot wide extension on an existing breakwater, and to place 9,000 cubic yards of beach nourishment material behind the breakwaters adjacent to their property situated along the York River in York County.

2B. VIRGINIA GAS COMPANY, INC., #99-2203, requests authorization to cross the New River in Pulaski County; Den Creek, the South Fork Roanoke River and Brake Branch in Montgomery County; Back Creek in three (3) locations in Roanoke County; and Maggodee Creek and the Blackwater River in Franklin County with a buried gas pipeline which will be installed a minimum of three (3) feet below the existing creek beds using the trench method and two (2) feet below the river beds using the directional drilling method in association with a proposed 57 mile pipeline running section from Radford to Rocky Mount, North Carolina. Recommend inclusion of our standard in stream construction conditions and a royalty in the amount of $636.00 for the crossing of a total of 636 feet of State-owned subaqueous bottom at a rate of $1.00 per linear foot.

2C. COUNTY OF ACCOMACK, #99-1692, requests authorization to construct and backfill 122 linear feet of steel bulkhead, install three (3) 7- pile mooring dolphins to upgrade an existing barge loading site situated along Pungoteague Creek in the Town of Harborton.

2D. COUNTY OF ACCOMACK, #99-1693, requests authorization to construct and backfill 188 linear feet of steel bulkhead, install three (3) 7-pile mooring dolphins and to dredge by clamshell method approximately 1,000 cubic yards of subaqueous bottom material to upgrade an existing barge loading site situated along North Channel on Tangier Island.

2E. COUNTY OF ACCOMACK, #99-1862, requests authorization to construct a 32-foot by 21-foot commercial crab shed, an 8-foot by 8-foot pump house, and install 90 (4-foot by 8-foot) crab floats on top of an open-pile elevated 56.5-foot by 141-foot platform situated in Additional Public Oyster Ground set aside by 28.2-645 of the Code, along Pocomoke Sound adjacent to the wharf area in the Town of Saxis.

2F. COUNTY OF ACCOMACK, #99-1900, requests authorization to construct a 20-foot by 16-foot commercial crab shed on top of a 50-foot by 100-foot open-pile elevated crab shedding platform situated in Additional Public Oyster Ground set aside by 28.2-645 of the Code, along Pocomoke Sound adjacent to the wharf area in the Town of Saxis.

JANUARY 25, 2000

2G. ST. CHARLES WATER AND SEWER AUTHORITY, #99-2128, requests authorization to install a submerged, concrete-encased, 8-inch diameter, ductile iron sewer line within 3,300 linear feet of Straight Creek to facilitate replacement of a deteriorated interceptor line situated between the existing sewage treatment plant and the intersection of State Routes 636 and 637 in the Town of St. Charles in Lee County. Recommend approval with our standard instream permit conditions.

2H. SIL CLEAR WATER, LLC, #99-1441, request authorization to modify a previously approved permit to add an additional subaqueous stream crossing with a 12-inch irrigation water force main under the North Fork of the Shenandoah River in Rockingham County.

2I. WINCHESTER AND WESTERN RAILROAD, #99-1172, requests authorization to reconstruct an existing railroad bridge over Back Creek, a tributary to the Potomac River, in Frederick County. Recommend a royalty of $5,434.00 for the encroachment over 5,434 square feet at a rate of $1.00 per square foot.

2J. CITY OF NEWPORT NEWS DEPARTMENT OF PUBLIC WORKS, #99-2264, requests authorization to install, by directional drill method, 950 linear feet of 8-inch diameter waterline crossing under Deep Creek between the Menchville Marina and Deep Creek Road.

2K. NEABSCO LANDING, LLC, #99-0559, requests authorization to e xpand its current marina facility to increase the total number of wetslips from 90 to 139, of which 44 will be covered under canvas canopy, and to construct a marginal walkway and triangular deck adjacent to an existing bulkhead and tending pier.

2L. CITY OF NEWPORT NEWS, #98-0411, requests authorization to modify a previously issued Commission permit to include the construction and backfilling of 330 linear feet concrete and steel bulkhead in lieu 620 linear feet of steel bulkhead adjacent to their property situated along the James River in Newport News. Recommend the purchase and planting of 558 market size clams as 1:33:1 mitigation for the filling of 2,650 square feet of submerged land.

JANUARY 25, 2000

3A. HAMPTON'S LANDING, #95-1690, requests after-the-fact authorization to retain two (2) previously constructed 14-foot extensions of an existing "T" head pier used for fueling, and to retain a previously constructed 10-foot by 10-foot open-sided, covered storage area that were built in excess of their previously authorized marina expansion permit. The applicant has agreed to a civil charge in the amount of $1,200.00 in lieu of further enforcement actions.

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